Assanand v Pettitt (No 2) [1978] KEHC 27 (KLR)
- Court
- High Court of Kenya
- Case number
- 27
- Citation
- [1978] KEHC 27 (KLR)
- Decided
- 3 May 1978
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for injunction dismissedCoramHARRIS J
Holding
The application for an injunction is dismissed with costs.
Facts
The plaintiff, A. Assanand, claimed specific performance of an agreement to purchase the defendant, R.W. Pettitt's residence in Nairobi. The defendant argued that the agreement was merely an agreement to enter into an agreement and that the suit was premature.
Issues
- Whether the agreement constitutes a binding contract for sale.
- Whether the plaintiff has shown a prima facie case with a probability of success for an injunction.
Reasoning
The court found that the plaintiff has not shown a prima facie case with a probability of success and that a refusal of the injunction would not cause irreparable injury that could not be compensated by damages.
Outcome
Dismissed
Authorities cited
Cases cited (1)
- EA Industries Ltd v Trufoods Ltd [1972] EA 420
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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